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(영문) 서울중앙지방법원 2014.07.23 2013가단261707
대여금
Text

1. As to the Plaintiff’s KRW 50 million and its KRW 30 million, the Defendant shall be annually from December 12, 2012 to February 8, 2013.

Reasons

1. Facts of recognition;

A. The Defendant was granted approval for use on April 5, 2013 by constructing a sublet building on the land of Jongno-gu Seoul Metropolitan Government, D, E, F, and G5.

From the end of February 2010, the Defendant purchased E land owned by another person out of the site of the above building from February 25, 201 in the process of planning and executing the construction of the above building, and the Plaintiff, a real estate broker, has mediated this.

B. On January 18, 2012, the Defendant awarded a contract to H Co., Ltd. for the said new construction work, and terminated it and settled the completed portion.

On April 25, 2012, the Defendant awarded a contract to I Co., Ltd. (hereinafter “I”) for the remaining parts of the said new construction work, and J, the vice president of I and the field director, led the said new construction work.

C. The Plaintiff not only arranged the purchase of the said new building site, but also borrowed construction funds from financial institutions as security for the said new building site, and processed the work by assisting the Defendant.

In the process of the new construction project, the Plaintiff paid to J or subcontractor by receiving transfer of the construction cost from the Defendant during the said new construction project, or received personal funds from J or subcontractor by borrowing money from K on March 15, 2012 and remitting money to J as the construction cost, and received settlement from the Defendant.

D. 1) The certificate of loan as of December 12, 2012, drafted in the name of the debtor, the defendant, and the plaintiff (No. 1-1, hereinafter referred to as the "certificate of loan No. 1 of this case").

(2) The debtor's name stated in the purport that "the debtor shall borrow 30,000,000 won from the creditor and shall repay it until February 8, 2013. The interest shall be one copy per month, the principal (30,000,000 won) and interest (300,000 won = 600,000 won) shall be paid in lump sum on the date of repayment, and if the repayment is not made at the due date, interest shall be paid at 24% per annum from that time." The debtor's name side of the defendant's name is affixed with the defendant's seal imprint.

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